More than a decade after he was beaten, tried and jailed, opposition leader Anwar Ibrahim will once again face a Kuala Lumpur court today on charges of sodomy. The accusations are highly dubious and raise a serious question: Is this moderate Muslim democracy becoming a nation with no real rule of law?

The circumstances surrounding Mr. Anwar’s prosecution are suspiciously familiar to most Malaysians. In 1998, he was arrested as he was mounting serious arguments against the increasingly erratic government of United Malays National Organization chief Mahathir Mohamed. On a nearby page, Mr. Anwar’s former aide Munawar Anees describes being tortured and forced to confess to sodomy, a criminal offense in Malaysia. Mr. Anwar was convicted of sodomy and abuse of power and served six years in jail before the sodomy ruling was overturned in 2004. He was allowed to run for political office again in 2008, which he did, in earnest.

Mr. Anwar was arrested again in July 2008, a day after participating in his first nationally televised debate in more than a decade—an event that showcased his political skills and highlighted the growing momentum behind his three-party opposition coalition. He was accused of sodomy with a 23-year-old former aide, Saiful Bukhari Azlan. Mr. Saiful was taken into protective police custody after he made his allegation and has since rarely been seen in public. The government denies any political motivation for the charges. Mr. Saiful himself has not been charged.

As in 1998, the evidence in this case is thin at best. The police made a show of arresting Mr. Anwar, put him in jail for a night, and forced him to undergo a humiliating medical “examination.” The government then passed a bill in parliament to give the police expanded powers to collect DNA in criminal cases. Mr. Anwar’s lawyers claim they have a hospital report that shows no sodomy occurred.

Also troubling is the public involvement of Prime Minister Najib Razak, who was deputy leader at the time of Mr. Anwar’s 2008 arrest—and the man most politically threatened by Mr. Anwar’s popularity. Mr. Najib acknowledged that he was photographed with and spoke to Mr. Saiful after he was allegedly sodomized and before he went to the hospital for tests. Mr. Najib says he didn’t influence Mr. Saiful’s decision to press charges. Mr. Saiful couldn’t be reached for comment.

This story would sound familiar in a tinpot dictatorship. But Malaysia isn’t one. Along with Indonesia, it forms the backbone of the 10-member Association of Southeast Asian Nations. Its citizens today have far more access to news and information through the Internet than they did 12 years ago. They also have the power to vote.

And that may be the mechanism that keeps Malaysia free and honest. Ordinary citizens—including the majority ethnic Malays—increasingly support Mr. Anwar’s secular platform of religious tolerance, economic liberty and modernization. The opposition won five of 13 states in national elections in 2008, and it has since won seven of nine by-elections. Mr. Anwar was re-elected to parliament in a by-election the month after his arrest in 2008. There will likely be protests in front of the courthouse to show support for him.

The trial that begins today threatens domestic political unrest and undermines confidence, at home and around the world, in Malaysia’s rule of law.

While the state supports efforts to curb corruption and abuse of power, the state will not tolerate any attempts to obstruct the running of its administration through repeated harassment against its officers.

The State Government would also like to stress that the Selangor state government circular dated July 28, 2009, which requires the MACC to conduct interrogations on state officials between 8am and 6.30am with the presence of a lawyer still stands.

The challenge by the Attorney General Tan Sri Gani Patail on the legality of the circular is ongoing. It is hoped that MACC and its officials will respect the circular, which protects all state employees’ rights.

The State also notes that to date all MACC investigations on state officials including that of the Menteri Besar, has focused on frivolous issues as depicted in yesterday’s raid on the office of YB Yaakob Sapari and the remand of his executive officer Hussein Ahmad.

The State is also alarmed by the information that MACC had conducted a search to Hussein’s home without a proper warrant. “The State Government demands an an explanation from MACC Selangor on the illegal search,” said Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim.
Furthermore, the MACC investigation involves a company that is not in fact within the contract award list for sand-mining activities. The accusation that an official trip to China was paid for by a contractor is also false, as the State government covered the RM3,295 for Hussein’s two-day trip.

It is therefore puzzling that MACC has spent substantial time and manpower to investigate these issues while cases involving millions of ringgits of the rakyat’s money have not been properly investigated including the RM1.7 million spent for the former Selangor Menteri Besar and his entourage to visit two Disneyland theme parks in the United States and France.

“What are the priorities of the MACC? It needs to set its priorities right so that it would not be seen as a political tool. If it acted professionally and independently, the state would have no qualms in providing assistance,” said Tan Sri Abdul Khalid.

PRESS SECRETARIAT
OFFICE OF SELANGOR MENTERI BESAR

The campus will be able to provide the relevant services like an advisory panel and assistance in seed capital, designing organizational structure, marketing operation and supply chain management – all needed to build a creative poll of entrepreneurs particularly those in the technology industry (technopreneurs).

The State Government will help by facilitating the linkages between technopreneurs and the Venture Capital funds, involve the universities to be the source of innovation and foster the establishment of a number of technopreneurs centres each focusing on a particular industry cluster.

As the state capital, Shah Alam should be the centre of such development and we have identified i-City in Shah Alam to provide such a campus due to many reasons. Apart from having a ready infrastructure and facilities, i-City has been given the “MSC” status which means that companies based there will enjoy the various benefits under the MSC Bill of Guarantees.
Being developed by i-Berhad, i-City has a strong entrepreneur root and such will be in good position to understand the needs and problems by the entrepreneurs’ community which makes it a suitable place an entrepreneur’s campus.

In order to ensure the success of this effort, the state is bringing in Californian Silicon valley-based Plug and Play and Play Tech Centre which has a strong record in establishing technopreneur community in the Silicon valley and therefore can be a good role model for the entrepreneurs’ campus in Shah Alam.

TAN SRI ABDUL KHALID IBRAHIM
DATO’ MENTERI BESAR SELANGOR

“We are aware of the financial reports posted on the website. But they have no details on the assets and fund given to it by the state. That is why we want it to be analysed and re-stated,” said Selangor Menteri Besar Tan Sri Abdul Khalid Ibrahim.

The Menteri Besar noted that none of the reports had mentioned the the 1,300-acre plot of land in Serendah which is worth at least RM78 million (computed at RM60,000 per acre). “The land is a valuable award to the YBK but it was not mentioned in the accounts. This is just one example. So we call on YBK to be transparent and provide the whole truth.”

He also pointed out that YBK has not paid a single sen for the land since 2001 and it has not made any attempt to do so. It had only approached the state when it wanted to covert the status of the land from agriculture to that to residential and commercial.

Upon conversion, the land will be valued at least RM540 million (computed at RM10 per square foot). “For a land that is worth so much, it is quite unnatural for the state not to be concerned. The previous administration may not be concerned but Pakatan Rakyat cannot turn its back on the issue because it is responsible to every single sen of the rakyat’s money,” said Tan Sri Khalid.

He said as the people’s trustee to the state’s wealth and fund, the State Government must not only be transparent and accountable but also ensure that all decision and actions are beneficial to the people in line with its “Merakyatkan Ekonomi Selangor” policy.

The Menteri Besar also reiterated the state’s plan to issue a “white paper” detailing funds and resources it has provided to YBK in the past years.
The State Government had earlier requested for YBK to appoint the Selangor Menteri Besar as its chairman while the State’s EXCO for welfare be a trustee of the foundation, along with two other state government representatives. However, YBK has protested against the requests.

PRESS SECRETARIAT
SELANGOR MENTERI BESAR OFFICE

On Sunday January 10th I attended (http://www.themalaysianinsider.com) a gathering of Church leaders in Petaling Jaya to express our solidarity with the Christian community where I read the following statement:
We are outraged by the tragic attacks on our Christian brothers and sisters and reiterate our unequivocal condemnation of the bombing of churches in Malaysia. Today’s attack on the oldest standing church in Malaysia, the All Saints Church in Taiping, is an attack on our nation’s heritage.
As a nation we struggle to uphold the spirit of unity that our founding fathers envisioned at independence. We must hold fast to Article 11 of the Federal Constitution which guarantees freedom of religion and the right of religious groups to manage their own affairs. In such times the spirit of engagement and dialogue must transcend those voices that would seek to sow discord and enmity across our land.

The people of Malaysia must unite against those who exploit race and religion to incite hatred for political gain. We must renew our commitment to religious understanding and religious freedom.

This is a time that tests the resolve of all religions for peace and mutual respect. We must remember that the God who we worship is in fact the same God, the Creator and Sustainer of the Universe.

With respect to the use of the word Allah, for example, it cannot be disputed that Arabic speaking Muslims, Christians and Jews have collectively prayed to God as Allah throughout the last fourteen centuries. While sensitivities over its usage have arisen in Malaysia, the way to resolve these conflicts is not by burning churches and staging incendiary protests but by reasoned engagement and interreligious dialogue.

Muslims must recall the memory of our own tradition’s remarkable commitment to understanding and coexistence with the People of the Book. Islam clearly grants respect to Christians and Jews. In the Quran’s second chapter, God says:

Say: O People of the Scripture! Come to a common word between us and you: that we shall worship none but God (Aal-Imran, 3:64)

And in the 29th Chapter He says:

And dispute not with the People of the Book but say “We believe in the Revelation which has come down to us and that which came down to you…our God [Allah] and your God [Allah] is One, and it is to Him we bow (al-Ankabut, 29:46)

Jesus is himself revered as one of the greatest prophets whose noble example should be followed. The Caliph Umar, who visited the Church of the Holy Sepulchre in 638 AD, was careful to ensure that the Muslims respect the sanctity of Christian places of worship. What then of our own Police’s hesitation to offer an assurance of safety and security for Malaysian churches?

Much of the blame for the recent attacks can be placed at the doorstep of the UMNO-led BN ruling party. Its incessant racist propaganda over the Allah issue and the inflammatory rhetoric issued by government controlled mainstream media especially, Utusan Malaysia, are reprehensible. Such wanton acts of provocation are indeed criminal and demonstrate the duplicity of the 1Malaysia campaign.

I am encouraged by the swift condemnation of the attacks issued by Muslim organizations and leaders. I likewise applaud our Christian leaders for their strong statements calling for calm and forgiveness and resisting revenge and retaliation.

The need for interfaith dialogue in Malaysia is an idea whose time is long overdue. We must now advance the spirit of sisterhood and brotherhood which is inherent in our religions and enshrined in our Constitution. Pakatan Rakyat will collectively take steps to ensure that the necessary dialogue and discussion take place throughout the country. Our fellow Christians must feel safe and secure in this country knowing that their freedom to worship is protected.

Anwar Ibrahim is the Selangor State Government Economic Adviser. He is also Malaysia’s opposition leader.

It is without doubt that to worship and glorify Allah as the God is a fundamental right of every person. This is parallel to the provision of the Federal Constitution, Article 3(1) which guarantees the status of Islam as the Official Religion of the Federation while at the same time concedes that other religions may be practiced in peace and harmony. Unmistakably, it is also consistent with the recently affirmed Declaration of Understanding of the Pakatan Rakyat.
Additionally, we are of the opinion that the strive to advocate virtues and prevent misdeeds (amar makruf nahi mungkar) will be eased. Allah says:
Say: “O people of the Book! come to common terms as between us and you: that we worship none but Allah; that we associate no partners with Him; that we erect not from among ourselves Lords and patrons other than Allah.” If then they turn back, say: ye! “Bear witness that we (at least) are Muslims (bowing to Allah’s will).” (Ali Imran 3:64)

Therefore, to maintain harmony and peace it is crucial for all parties to resolve the conflict by encouraging the culture of interfaith discourse with the highest level of maturity and wisdom. Allah commands:
Invite (all) to the way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for thy Lord knoweth, best who have strayed from His Path, and who receive guidance. (An Nahl 16:125)

And dispute ye not with the People of the Book, except with means better (than mere disputation) unless it be with those of them who inflict wrong (and injury): but say “We believe in the Revelation which has come down to us and in that which came down to you; Our God and your God is one; and it is to Him we bow (in Islam).” (Al Ankaboot 29:46)

PROF DR MUHD NUR MANUTY
Biro Pemahaman & Pemantapan Agama
Parti KeADILan Rakyat
06 Januari 2010

The State Government also thanks all residents for their patience and cooperation in ensuring that the re-opening was conducted safely and expeditiously.

As agreed in the meeting, the re-opening of the road for two weeks will not prejudice the ongoing legal disputes between BUCC and Dijaya. The move will now allow MBPJ to study the feasibility of widening Jalan Tanjung, Bandar Utama to a four-lane road from its current two-lane road.

This study is not limited to the widening of Jalan Tanjung, Bandar Utama and is part of a holistic traffic dispersal study to other access routes in search of long-term solutions to the problem of bad traffic conditions in Damansara.

Apart from the reopening of Jalan Tanjung, MBPJ has already begun its efforts to implement the short-term measure to ease traffic congestion which includes reassigning the U-turn at the junction of Jalan Tropicana Selatan and Jalan Hilir Bandar Utama near a nursery further up in the area; and building a road to link Jalan PJU1A/1 in Ara Damansara to Persiaran Tropicana.

The state is committed to find long-term measures to address the problem and will be calling all developers in Damansara to participate in the process.

TAN SRI ABDUL KHALID IBRAHIM
DATO’MENTERI BESAR SELANGOR
PRESS STATEMENT
DECEMBER 1, 2009

Anwar is ranked 32nd in the list which boasts names of powerful leaders like US President Barack Obama (ranked 2nd), British Prime Minister Gordon Brown (74th) and Bill and Hillary Rodham Clinton (6th).
He was also one of the ten Muslims name in the list including Zahra Rahnavard (3rd), the wife of Iranian opposition leader Mir Hossein Mousavi, , the spiritual leader of Egypt’s Jihad militant group Sayyid Imam al-Sharif (10th), American Muslim economist Mohamed El-Erian came (16th), former Afghan finance minister Ashraf Ghani (20th), renowned journalist Fareed Zakaria (37th), Bangladeshi banker and Nobel laureate Muhammad Yunus (46th), Swiss Muslim thinker Tariq Ramadan (49th), Pakistani writer Ahmed Rashid (51st), and Palestinian Premier Salam Fayyad (61st).

Below is an excerpt from the report on Anwar:

Two decades ago, it would have been impossible to imagine Anwar pulling together rural Malays, ethnic Indians and Chinese, and Islamists into a coherent political bloc. Back then, Anwar was deputy prime minister in a de facto single-party state that espoused preferential treatment for ethnic Malays. It was a policy that Anwar had pushed from his days as a youth leader right up until 1997, when he denounced his patron, then-Prime Minister Mahathir Mohamad, for corruption. He would spend the next six years in solitary confinement on trumped-up charges for that political betrayal. And he would leave jail in 2004 with a bold message for change in a country now at the forefront of the struggle for democracy in the Muslim world. Today, Anwar’s political career is blossoming, despite a new, politically motivated indictment. Abroad, he has become an outspoken advocate of religious tolerance.

He sat down with Foreign Policy to talk about his big ideas:

On Muslim countries and the West: You can’t just erase a period of imperialism and colonialism. You can’t erase the fault lines, the bad policies, the failed policies, the war in Iraq, and support for dictators. That to me is the reality. But what is the problem? When you … apportion the blame only to the West or the United States. They want to deflect from the issue of repression, endemic corruption, and destruction of the institutions of governance.

On his time in prison: I spent a lot of time reading. I decided to focus on the great works and the classics. Friends from around the world were sending books, but it takes months for [the prison] to vet them. There came a book on the Green Revolution at that time. The officer said, “Anything revolution — out!” even though it was about agriculture. But the books kept coming. The officers were not even graduates, and [the books] were in English. They would say, “Anwar, out of 10 books, can you send back one?” So I would select something I had already read or something I was not interested in and say, “We should reject this.”

On politics: Of course, you simplify the arguments [for politics], but the central thesis remains constant. People say, “Anwar, you are opportunistic. How can you talk about Islam and the Quran here, and then you talk about Shakespeare and quote Jefferson or Edmund Burke?” I say, it depends on the audience. You can’t talk about Edmund Burke in some remote village in Afghanistan. Then you go to Kuala Lumpur and you quote T.S. Eliot. If I quote the Quran all the time to a group of lawyers, [they will think] I am a mullah from somewhere!

Selangor Menteri Besar Tan Sri Khalid Ibrahim attempted to use Section 2C of the Official Secrets Act (OSA), which allows ministers and mentris besar to declassify documents, to make public the report that was prepared by the Works Ministry but tabled at the Cabinet. The state government had initially planned for the documents to be made available through the Ampang Jaya Municipal Council (MPAJ), but according to Khalid, the Federal Government has challenged the decision and cautioned the state not to declassify the documents.

For the public and especially families of those who died in the tragic incident, it is illogical that a report detailing the probable causes of the landslide, findings on the safety of the area and possible recommendations for future planning is kept secret. The public should question whether the government has something to hide and not claim any responsibility. In addition, the public should also question the real reasons the OSA is still defended and used by the Barisan Nasional government where public safety, security and interests have clearly been compromised.

Two weeks ago, Khalid used Section 2(c) to declassify documents to expose three failed joint venture programmes under the tenure of his predecessors in the state.

The documents, referring to a reforestation project, the abandoned Bukit Botak housing project and the land allocation for Felda Bukit Cerakah settlers, showed the extent to which bad governance and the lack of transparency have cost the ordinary citizens millions of ringgit. This is proof that the secrecy law is used to protect the interests of a few and to prevent any public scrutiny of the decision making process.
These examples are only the tip of the iceberg and CIJ is concerned about the kinds of information that has been kept hidden from the public all these years, and where tragedies caused by landslides, cracks in highways, water shortages and other public projects that went wrong could have been avoided if there was more transparency.

The time has come for all governments to commit to a more open and transparent governance by releasing to the public all documents now classified under the OSA, and to move towards replacing the law with a Freedom of Information Act. The public must demand for these reforms as it is their right to be informed and to know.

The Centre for Independent Journalism, Malaysia (CIJ) is a non-profit organisation that aspires for a society that is democratic, just and free where all people will enjoy free media and the freedom to express, seek, and impart information.

Ends

Issued by
Gayathry Venkiteswaran

Centre for Independent Journalism (CIJ)
27C Jalan Sarikei, off Jalan Pahang
53000 Kuala Lumpur
Tel: 03 4023 0772
Fax: 03 4023 0769

For more information please contact Gayathry at 03 4023 0772